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2026 DAILYLAW 29462 (PAT)

Akhileshwar Kumar v. The State of Bihar

CR. MISC./49246/2026 · 2026-08-19

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49246 of 2026 Arising Out of PS. Case No.-766 Year-2025 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Akhileshwar Kumar Son of Pradeep Chaudhary @ Pradeep Prasad Chaudhary Resident of Mohalla - Raja Bazar, Paschimi Gopalpur, P.S.- Nagar Motihari, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sriram Krishna, Mr. P.K. Singh, Advocates For the State : Mr. Shailendra Kumar Singh, A.P.P. For the Informant : Ms. Eashita Raj, Ms. Nupur, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 19-08-2026 Heard learned counsel for the petitioner, informant and learned A.P.P. for the State. 2. Petitioner seeks regular bail in connection with Town P. S. Case No. 766 of 2025 registered for the offences punishable under Sections 316(2), 318(4), 336, 338, 3(5) of the Bhartiya Nyaya Sanhita. 3. Informant alleged that he entered into an agreement with accused persons for purchasing of piece of land on a total consideration amount of Rs. 3.25 crores, out of which, informant paid Rs. 85 lakhs through different modes to co- accused Shakuntala Devi. Informant further alleged that he came to know that one title suit was already pending against the Patna High Court CR. MISC. No.49246 of 2026(3) dt.19-08-2026 2/3 same land and accused persons by concealing this fact grabbed Rs. 85 lakhs of informant and when he demanded his money, accused persons refused to pay and also threatened to kill him. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner has falsely been implicated in this case merely because he happens to be son of co-accused Shakuntala Devi and no amount, whatsoever, was ever transferred in the bank account of this petitioner. He further submits that while giving notice of learned Advocate, which is part of F.I.R., informant had made no allegation of payment of Rs. 15 lacs to the petitioner in cash but later on, he had made specific allegation in the F.I.R. against petitioner, only with a view to extort money. Dispute involved in this case is purely civil in nature to which informant has given criminal colour. Petitioner is in custody since 18.04.2026 and charge-sheet has already been submitted. 5. However, learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application. 6. Considering the nature of accusation, dispute and period of custody, this bail application is allowed. The petitioner, above named, is directed to be released on bail on Patna High Court CR. MISC. No.49246 of 2026(3) dt.19-08-2026 3/3 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Town P. S. Case No. 766 of 2025. Navya/- (Prabhat Kumar Singh, J) U T